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Wednesday, January 15, 2003 SERIES I Number 3
[Emblem of Mozambique] BULLETIN OF THE
REPUBLIC1 OFFICIAL PUBLICATION OF THE PEOPLE’S REPUBLIC OF MOZAMBIQUE
[…]
MINISTRY OF CULTURE
Ministerial Decree No. 8/2003
of January 15, 2003
Courtesy translation provided by WIPO © 2013
It being necessary to establish rules to make the Regulation on the Compulsory
Affixation of a Seal to Phonograms operational and feasible, pursuant to Article 3 of
Decree No. 27/2001 of September 4, 2001, as well as to the first part of Article 14(1) of
Law No. 14/78 of December 28, 1978, I hereby order as follows:
ARTICLE I
(Objective and Scope)
The present Ministerial Decree shall establish rules and procedures for the
compulsory affixation of a seal to phonograms by publishers, producers, distributors,
retailers, importers and exporters of this material.
ARTICLE 2
(Applications for seals)
The seal printed by the National Book and Record Institute may be obtained from
the customer service department by the owners of the right to exploit phonograms listed
in Article 1 of the present Decree.
ARTICLE 3
(Competency)
The Director of the National Book and Record Institute shall be competent to
authorize the provision of the seal.
Translator’s Note: Official Government Gazette.1
ARTICLE 4
(Authentication of phonograms)
1. Seals shall be authenticated pursuant to Article 4 of the Regulation on the
Compulsory Affixation of a Seal to Phonograms.
2. The authenticating seal for phonograms shall be affixed thereto in accordance
with their nature and origin, as follows:
a) a hologram for compact discs;
b) a seal with a blue label for Mozambican audio cassettes;
c) a seal with a green label for imported audio cassettes; and
d) a seal with a yellow label for Mozambican and imported audio cassettes
and compact discs under the transitional regime.
ARTICLE 5
(Affixation of the seal)
1. The way in which the seal is affixed to phonograms shall depend on their nature.
2. When seals are affixed to phonograms, the emblem of the Republic shall be
positioned as follows:
a) on compact discs, on the front of the cover;
b) on audio cassettes, on the front, preventing the cassette box from being
opened;
c) on audio and compact discs in circulation in the market, on the front,
preventing the box/case from being opened.
ARTICLE 6
(Design of seal)
1. The seal shall consist of two parts:
a) the hologram, bearing the emblem of the Republic of Mozambique;
b) the label, containing the legend “MC, number and series”;
c) a background, in which the words “Ministry of Culture” are repeated.
2. The design of the seal appears in an annex to the present Decree, of which it
forms an integral part.
ARTICLE 7
(Transitional regime seal)
1. Publishers, producers and importers shall be responsible for applying for the seal
for the authentication of audio cassettes and compact discs in stock on the date on which
the seal is introduced.
2. Distributors and retailers shall send their suppliers a list of the phonograms to be
sealed and the respective amount concerning the acquisition of the respective seal.
3. For the purposes of the preceding paragraphs, the process of affixing the seal
shall be carried out within ninety days of the publication of this Ministerial Decree in the
Boletim da República.
ARTICLE 8
(Numbering of Seals)
1. Each seal shall bear a specific number.
2. When an application is made for a seal, the appropriate authorization order that
accompanies phonograms until they have been sealed shall be drafted, indicating the
serial number of the seal supplied.
ARTICLE 9
(Licensing)
1. Natural or legal persons involved in the production or marketing of phonograms
must be licensed to carry out their activities.
2. Activities are licensed at the National Book and Record Institute, subject to the
opinion of the Provincial Directorate of Culture.
3. The purpose of licensing is to confer recognition on and publicize the activity
carried out by the persons referred to in the preceding paragraph.
4. Licenses shall be valid for one year and may be renewed during the first two
weeks of January.
5. The design of the license shall be contained in an annex to this Decree, of which
it forms an integral part.
ARTICLE 10
(Fees)
Payment of a fee of Meticals 1,500,000.00 shall be due for the licensing of the
activities referred to in Article 9 of the present Decree.
ARTICLE 11
(Reproduction of covers)
1. The reproduction of covers of audio cassettes and compact discs in Mozambique
must be carried out in printing houses that have been duly licensed by the National Book
and Record Institute.
2. The printing houses referred to in the preceding paragraph shall comply with the
provisions of Article 9(4) of the present Ministerial Decree.
ARTICLE 12
(Penalties)
Any infringement of the provisions of Article 11 of the present Decree shall be
punished pursuant to Article 6(4) of the Regulation on the Compulsory Affixation of a
Seal to Phonograms.
ARTICLE 13
(Entry into force)
1. The present Ministerial Decree shall enter into force immediately.
2. The seal for the transitional regime shall be applied pursuant to Article 6 of the
present Decree.
The Ministry of Culture, at Maputo, December 27, 2002.
— The Minister for Culture,Miguel Costa Mkaima
Article 7(2) of the Ministerial Decree
Design of seal
Seal for compact discs
Seal for Mozambican audio cassettes
Seal for imported audio cassettes
[Seal design]
[Seal design]
[Seal design]
[Seal design]
Transitional seal for audio cassettes
and compact discs existing in the
market, which are to be sealed within
90 days of publication in the Bulletin
of the Republic.
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19JANUARY 15, 2003
Article 9(5) of the Ministerial Decree
[Emblem of Mozambique]
REPUBLIC OF MOZAMBIQUE
MINISTRY OF CULTURE
National Book and Record Institute
License No.…………………………………………………………
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………….Director of the National Book and Record Institute……………………….
………………do hereby declare to whosoever may see this license that, having before
me the file relating to the application made by …………………………for the granting of
authorization to carry out the activity of: ………………………….………………….
………..Whereas there is no impediment whatsoever pursuant to:……………………….
…….……..Authorization has been granted to issue this license by order dated ___of
_______________of____ under the conditions stipulated No. ______________
……………………of the corresponding file……………………………………………
……………………This license has accordingly been prepared and my signature will be
duly authenticated with the embossed seal in use in this Institute……………………
……………..Issued on____/____/____Valid until____/____/____
The Director,
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20 SERIES I – NUMBER 3
Licensing File No.…………………………
1. Business name or trading name ………………………………………………
……………………………………………… 2. Unique Tax Identification number (NUIT)
……………………………………………… 3. Name, address or shares of the members of private limited
………………………………………………companies or partnerships
………………………………………………
……………………………………………… 4. Managers or Administrators or Directors
………………………………………………
………………………………………………
……………………………………………… 5. Objectives of the company or firm: publishing, manufacturing,
………………………………………………recording, distribution, export, import or cover printing
………………………………………………
6. Share capital ………………………………………………
………………………………………………
7. Amendments to the articles of association ………………………………………………
………………………………………………
8. Notes ………………………………………………
………………………………………………
Price — MT 4,000.00
NATIONAL PRESS OF MOZAMBIQUE